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Home My WebLink About20130198 Ver 1_Approval Letter_20130430Pat McCrory Governor � A' -7n NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P E Director April 30, 2013 Raleigh Parks and Recreation Department Attn Diane Sauer 222 W Hargett Street Raleigh, NC 27601 John E Skvarla, III Secretary DWQ # 13 -0198 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Horseshoe Farm Road Dear Ms Sauer You have our approval for the impacts listed below for the purpose described in your application dated February 21, 2013, received by the Division of Water Quality (Division) on February 27, 2013 with additional information received on April 19, 2013 These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U S Army Corps of Engineers Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met No other impacts are approved, including incidental impacts Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Seance Center Raleigh North Carolina 27699 1650 Phone 919 307 6301 1 FAX 919 807 6494 Internet nttpPportalncdenrorglweb /wglws An Equal 0opor'unity 1, Affirmative Action Employer Raleigh Parks and Recreation Department DWQ# 13 -0198 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 57 (linear feet) 0 (linear feet) Site 1 Open Water 0 (linear feet) 11,034 (square feet) Site 1 Buffers —Zone 1 3,949 (square feet) 0 (square feet) Site 1 Buffers — Zone 2 1,732 (square feet) 0 (square feet) Site 1 1 Diffuse Flow Approval by the DWQ In accordance with the plan sheets dated April 18, 2013, the proposed roadside ditches must be tied to existing natural channels before being discharged through the protected riparian buffer Also in accordance with these plan sheets, the portions of the roadway that are not drained via a roadside ditch will be graded to allow stormwater to sheet flow through the riparian buffer If any erosion problems are observed in the buffer as a result of the roadway improvements, then you shall immediately repair and correct the problem and prevent further damage and sediment discharge to the receiving wetland Please be aware that these repairs may require you to obtain a 404 Permit from the Corps and a 401 Certification from the Division 2 No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur 3 Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H 0500 Raleigh Parks and Recreation Department DWQ# 13 -0198 401 AND BUFFER APPROVAL Page 3 of 4 4 This approval is for the purpose and design described in your application The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions 5 This approval and its conditions are final and binding unless contested This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) A petition form may be obtained from the OAH at http / /www ncoah com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8 OOam and 5 OOpm, excluding official state holidays) The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission Mailing address for the OAH If sending by First Class Mail via the US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e g UPS, FedEx) Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWQ If sending by First Class Mail If sending via delivery service via the US Postal Service (e g UPS, FedEx) Karen Higgins Karen Higgins Raleigh Parks and Recreation Department DWQ# 13 -0198 401 AND BUFFER APPROVAL Page 4 of 4 NC DENR -DWQ— Webscape Unit NC DENR -DWQ— Webscape Unit 1650 Mail Service Center 512 N Salisbury Street Raleigh, NC 27699 -1650 Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B 0233 Please contact Chern Smith at 919 - 791 -4251 or cherri smith@ncdenr eov if you have any questions or concerns Sinc rely, Danny ith, Supervisor Surface Water Protection — Raleigh Regional Office Enclosures GC 3886 cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 Brian Dustin, Mulkey, Inc, 6750 Tryon Road, Cary, NC 27518 DWQ RRO 401 files